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What Makes Injury Legal? The term”injury legal” can be used to describe the damage, loss or damage that an individual suffers of another's negligence or wrongful conduct. It is a part of tort law. The most obvious form of injury is one that is bodily which includes things such as whiplash, concussion and broken bones. It is crucial to seek medical attention for these injuries. Statute of Limitations The law imposes a time limit, called the statute of limitations, within which an injured person has the option of filing a lawsuit. Failure to comply with this deadline will result in the claim being “time barred” and the party who was injured will not be able receive compensation for their losses. The statute of limitations varies from state to state, and also by type of case. The “clock” of the statute of limitations usually starts to tick when an accident or incident that caused the injury occurs. There are some exceptions to the rule that could extend the time to file a lawsuit. One such exception is known as the discovery rule, which states that the clock of statute of limitations is not set until the injury is discovered or ought to have been discovered. This is most commonly observed in cases that involve hidden issues, such as asbestos exposure or certain medical malpractice claims. Another exemption is for minors who have a year following their 18th birthday to initiate litigation, even although the statute of limitations will normally expire before they reach the age of 19. There is also the “tolling” provision that suspends the statute of limitations during certain events or situations like military service or involuntary mental health obligations. The statute of limitation can be extended for fraudulent misrepresentation or intentional concealment. Damages Damages are the amount of compensation that is paid to the victim of an act of tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and aim to restore their health after an injury, whereas punitive damages punish a defendant for fraud, a devious act that caused harm, or gross negligence. injury case columbia of damages awarded is highly subjective and is based on the specific circumstances of each case. A personal injury lawyer who has experience can assist you in documenting your full losses. This increases your chances of receiving the maximum amount possible. For example your lawyer could use experts to testify about the severity of your pain and suffering, or a psychological or psychiatric expert witness to strengthen your emotional distress claim. In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your lawyer will assist with keeping detailed records of the expenses and financial losses you have incurred, and also calculating the value of your future loss of income. This can be complicated and usually involves formulating estimates based on the permanent impairment caused by your injury or disability which requires the assistance of experts. If the defendant does not have sufficient insurance to cover your claims, you could be able to pursue a civil judgment against them. This can be extremely difficult unless the defendant has a substantial amount of assets or is a company with multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff has to file a claim claiming injury however there are some resemblances. Statutes are procedural, forward-looking, and substantive. In simple terms the simplest terms, a statute of repose is a law that establishes an exact deadline for when legal actions are barred- without the same exceptions as a statute of limitations. A statute of repose is often used in construction defect lawsuits, products liability suits, and medical malpractice claims. The biggest difference is that whereas the statute of limitations typically runs when the plaintiff is hurt or becomes aware of their loss however, a statute of repose typically begins running when an event triggers it. This is a concern in cases involving product liability for instance, as it could take a long time for the plaintiff to purchase and use a particular product before the company is aware of any defects. Due to these distinctions It is essential for injury victims to consult with a personal injury attorney near them prior to when the applicable statutes of limitations and repose statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him now for a free consultation. Duty of Care A duty of care is a duty one owes to others to exercise reasonable care in doing anything that could cause harm in the future. It is generally considered negligence when an individual fails to perform their duty of care and someone gets injured in the process. A person or company has a duty of caring to the public in a variety of situations. This includes doctors preparing tax returns, accountants who prepare tax returns and store owners removing snow from sidewalks to ensure people do not fall and end up hurting themselves. In order to successfully claim damages in a tort lawsuit it is necessary to prove that the party who injured you owed you a duty of care, that they violated that duty of care, and that their breach was the primary and direct reason for your injury. The norm of care is usually established by what other professionals would do under similar circumstances. For instance in the event that a doctor does surgery on the wrong leg, it may be considered a breach of obligation because other surgeons in similar circumstances could have read the patient's medical chart correctly. It is important to note that the standard of care must not be enough to impose unlimited liability on all parties. This balance is carefully scrutinized by juries in jury trials and judges in bench trials.